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South Carolina Delivery Truck Accident Lawyers
Providing legal help when you are injured by a delivery truck in SC
Delivery trucks are on our highways and roads every day. Whether it’s UPS, FedEx, or the United States Postal Service, these trucks have the potential to put everyone on the road at risk. Accidents between passenger vehicles and delivery trucks can be catastrophic. Even if the delivery truck is on the smaller side, it is still significantly bigger and can cause more damage than an accident between two cars. It’s not uncommon for occupants of smaller vehicles to suffer devastating injuries.
If this has happened to you, the South Carolina delivery truck accident lawyers at McGowan, Hood, Felder & Phillips, LLC can help. We have achieved several multi-million dollar verdicts and settlements in truck accidents for our clients. We can work with you, too.
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How Can We Help?
- What are the common causes of South Carolina delivery truck accidents?
- Who is liable for my South Carolina delivery truck accident?
- What should I do after a delivery truck accident?
- What is the value of my South Carolina delivery truck accident?
- How can your South Carolina delivery truck accident lawyers help with my case?
- Do you have a South Carolina delivery truck accident lawyer near me?
What are the common causes of South Carolina delivery truck accidents?
Today’s booming e-commerce industry has more delivery trucks than ever on the road. With increased demand for delivery, companies may be putting their drivers under stress and time constraints. In return, this causes an increased risk of truck accidents. Reasons a South Carolina delivery truck accident might happen include the following:
- Driver fatigue. Delivery drivers often work long hours with tight deadlines, which can lead to fatigue. Drowsy driving impairs reaction times and decision-making abilities, increasing the risk of accidents.
- Inadequate training. Some delivery drivers may not receive the proper training in handling large vehicles or dealing with hazardous road conditions. A lack of adequate training can lead to poor decision-making and a failure to follow traffic laws.
- Distracted driving. Delivery drivers often use things like GPS systems, phones, or other electronic devices, which can divert their attention from driving. Distracted driving can reduce a driver’s ability to react to sudden changes in traffic or road conditions, causing accidents.
- Speeding or reckless driving. Because of their tight delivery schedules, some drivers may speed or engage in aggressive driving behaviors, like tailgating, running red lights, or weaving through traffic. These actions can result in forceful collisions with other vehicles.
- Overloaded or improperly loaded trucks. A delivery truck carrying a heavy or unbalanced load can become unstable, increasing the risk of rollovers or a loss of control. Improperly loaded trucks also run the risk of dropping cargo, which puts other drivers in danger.
- Poor vehicle maintenance. Delivery companies must ensure their vehicles are safe to operate. Neglecting brake repairs, tire replacements, or routine inspections – or otherwise failing to maintain the truck properly -- can lead to mechanical failures that cause accidents.
- Intoxicated drivers. Some delivery truck accidents involve drivers under the influence of alcohol or drugs. Impaired driving affects one’s coordination, judgment, and reaction times, which can significantly raise the likelihood of a collision.
- Improper turns and lane changes. Delivery trucks typically have large blind spots and require extra space in which to maneuver. This makes improper turns or lane changes particularly dangerous, as accidents can occur when drivers fail to signal or check their blind spots before proceeding.
- Lack of compliance with hours-of-service regulations. Commercial drivers can only drive for so long without a break, according to federal regulations. Some delivery companies or drivers ignore these laws to meet tight deadlines – putting everyone on the road at risk.
Who is liable for my South Carolina delivery truck accident?
Multiple parties may be liable for your delivery truck accident, depending on the circumstances. Potentially responsible parties include:
- Delivery truck driver. If the driver’s negligent actions caused the accident – like speeding, distracted driving, fatigue, or impaired driving – then they could be held liable. This is especially true if the driver violated traffic laws in causing your accident.
- Delivery company/employer. Employers can be held liable for the actions of their employees under the legal theory of respondeat superior. This means they can be held responsible if the driver caused the accident while performing their job duties. The company could also be held liable if they:
- Failed to properly train their drivers, meaning they didn’t provide adequate training or the required certifications.
- Encouraged unsafe practices, like pressuring drivers to meet unrealistic delivery schedules, which can lead to speeding and other unsafe behaviors.
- Ignored HOS regulations, meaning they violated the regulations that limit how long drivers can be on the road without breaks, contributing to driver fatigue.
- Neglected truck maintenance if a mechanical failure caused the accident. The company could be held liable for not maintaining or inspecting the vehicle properly.
- Third-party contractors. If the delivery truck driver was an independent contractor rather than an employee, liability can be a little more complex. The company that hired the contractor may be liable if they failed to ensure the driver met safety standards. Additionally, the contractor can be held personally responsible, in which case their insurance may cover some of the compensation.
- Truck manufacturer or maintenance company. If your accident was caused by a mechanical failure, like a brake malfunction or tire blowout, the truck manufacturer or maintenance provider could be held liable. They may be held responsible for damages if they produced faulty parts or performed negligent maintenance.
- Cargo loading company. If your accident was caused by an improperly loaded or overloaded truck, the company responsible for loading the cargo could be held accountable. For example, improperly secured loads can shift during transport, causing the driver to lose control or resulting in debris on the road.
Also, it’s important to remember that South Carolina follows a modified comparative negligence rule, which means you can still recover damages even if you were partially at fault for the accident – as long as you were less than 51% responsible. Your compensation would be reduced by the percentage of your fault.
The personal injury attorneys at McGowan, Hood, Felder & Phillips can help investigate your case and determine all liable parties.
What should I do after a delivery truck accident?
Although the initial aftermath of a South Carolina delivery truck accident can be overwhelming, try to keep in mind the following advice:
- Call 911. Move to a safe location, if possible, and call 911 to report the accident. Request medical assistance if anyone is injured. South Carolina law requires you to report accidents that result in injuries, deaths, or significant damage.
- Seek medical attention. Even if you don’t feel seriously injured, seek medical attention immediately following the accident. Some injuries, like internal injuries, may not be immediately apparent. Having medical records is also important to your personal injury case, as these records will document your injuries and link them to the accident.
- Document the scene. If you can, take photos or videos of the accident scene. Include vehicle damage, road conditions, skid marks, traffic signs or signals, and any visible injuries you or your passenger have sustained. These photos may be able to serve as evidence when determining liability.
- Gather information. Exchange contact information and insurance information with the delivery truck driver. Get details like the driver’s name, license number, and their employer’s name. Also, note the truck’s license plate number and any identifiable markings (like the company logo). Ensure you also collect information from any witnesses who saw the accident, as their accounts may be important for your case.
- Do not admit fault. When speaking with the delivery truck driver, witnesses, or police, avoid admitting fault or making any statements that could be interpreted as accepting responsibility. Your words could be used against you later.
- File a police report. At the scene, ensure the police officer fills out an accident report – this will be a key document in your personal injury claim. You can obtain a copy of this report. It may include important details about the accident and even an initial assessment of fault.
- Report the accident to your insurance company. However, stick to the facts and avoid speculating about fault or the extent of your injuries.
- Keep records of all damages and expenses. Document all your medical treatments, vehicle repairs, lost wages, and other expenses associated with your accident. Hold on to copies of medical bills, repair estimates, and receipts.
- Contact the team at McGowan, Hood, Felder & Phillips. We can help protect your rights, investigate the accident, and identify liable parties. Our attorneys work to negotiate with the insurance companies on your behalf and – if necessary – file a lawsuit to seek fair compensation for your injuries and damages.
South Carolina has a statute of limitations for personal injury claims, which is three years. It’s important to act quickly in order to preserve evidence and protect your right to file a claim.
What is the value of my South Carolina delivery truck accident?
The value of your claim – otherwise known as compensation – will vary depending on the specifics of the accident and your injuries. Compensation is meant to cover the physical, emotional, and financial harm you’ve suffered as a result of your delivery truck accident. Here’s how we determine the value of your claim.
- Medical expenses. This includes your current and future medical costs, like hospital stays, surgeries, doctor visits, medication, physical therapy, rehabilitation, and any medical devices or equipment you may need.
- Lost wages. If your injuries cause you to miss work, you can also seek compensation for lost wages. And, if your injuries affect your ability to work in the future, you may be compensated for lost earning capacity.
- Property damage. This covers the cost of repairing or replacing your vehicle, as well as any other personal property damaged in the accident.
- Pain and suffering. This is compensation for your physical pain and emotional suffering due to your injuries. This can include chronic and ongoing pain and discomfort.
- Emotional distress and loss of enjoyment of life. You may also be entitled to damages for the psychological impacts of your accident, including anxiety, depression, PTSD, and the inability to participate in activities you once enjoyed.
Our South Carolina delivery truck accident attorneys investigate the accident that caused your injury, identifying all parties liable for your damages.
How can your South Carolina delivery truck accident lawyers help with my case?
Having experienced legal counsel on your side can make a great difference in the outcome of your case. At McGowan, Hood, Felder & Phillips, we can help by doing the following:
- Conduct a thorough investigation. This includes collecting valuable evidence, analyzing the truck’s data recorder, and using experts to reconstruct the accident.
- Establish liability. We can investigate the driver’s history and any actions leading up to the crash, like speeding, distracted driving, fatigue, or driving under the influence. Our team also focuses on the delivery company, working to discover if they failed to provide proper training or encouraged unsafe practices. We may also pursue claims against other third parties.
- Negotiate with insurance companies. We negotiate on your behalf using the evidence we’ve collected to strengthen your claim. Our team can also help you avoid common pitfalls, like giving recorded statements that could be used against you or accepting a quick but inadequate settlement.
- Assess the full value of your claim. We can evaluate all of your damages, including your medical expenses, future medical needs, lost wages, and property damage. We also take into consideration non-economic damages like pain and suffering, emotional distress, and loss of enjoyment of life.
- Representing you in court. If our attorneys can’t reach a fair settlement through negotiation, we’re prepared to file a lawsuit and represent you in court. In court, we present evidence and advocate for your rights in front of a judge and jury. We also work to complete all paperwork and file it in a timely and proper manner to protect your right to compensation.
Working with our South Carolina delivery truck accident lawyer helps ensure your case is handled professionally and thoroughly, giving you the best chance at a successful outcome. Whether negotiating with insurance companies or advocating for you in court, an experienced lawyer is essential in helping you secure the compensation you deserve.
Do you have a South Carolina delivery truck accident lawyer near me?
Yes. McGowan, Hood, Felder & Phillips is located at 1539 Health Care Drive, Rock Hill, SC 29732. If you are too injured to come to our offices, we can make other arrangements, such as video conferences.
Experienced South Carolina delivery truck accident attorneys working for you
Have you or a loved one been injured in a South Carolina delivery truck accident? You don’t have to face the challenges alone. Our skilled truck accident attorneys are here to fight for your rights, gather the evidence needed to build a strong case and work to secure the maximum compensation you deserve for your accident. We want to help. Call us or fill out our contact form to schedule your free initial case evaluation today.